Chief Justice Suhartoyo and Constitutional Justices Anwar Usman and Arsul Sani at a judicial review hearing of Law No. 19 of 2019 on the Corruption Eradication Commission, Wednesday (7/3/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the petition revision hearing of the material judicial review of Article 11 letter b of Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission ​​(KPK) on Wednesday, July 3, 2024. The case No. 39/PUU-XXII/2024 was filed by Muhammad Kahfi Andhika Bayu Adji, a fourth-semester law student of the University of Pamulang.

At the hearing, Chief Justice Suhartoyo stated that the Registrar’s Office had not been able to contact the Petitioner. “The Court has commenced an official hearing. As such, even though the petition revision has been sent and received by the Court, the panel will report to the justice deliberation meeting to decide the Court’s stance on the petition as the revised petition has been factually sent but not conveyed at the hearing,” he stressed.

Also read: Provision on 1B Minimum State Loss for Corruption Prosecution Challenged

The Petitioner challenged the minimum amount of state loss stipulated in the norm for the reporting and prosecution of corruption acts. He believes such a limit would keep the bad legacy alive. In practice, the a quo article sets a limit so that as if any criminal offense resulting in a loss to the state under the nominal it mentions can be justified by the Corruption Eradication Commission not to exercise its authority as regulated in statutory laws and regulations, thus leads to legal vacuum and legal uncertainty.

The Petitioner wished that the minimum amount of state loss for the prosecution of corrupt practices by the KPK be abolished. In the petitum, he requested that the Court declare Article 11 letter b of Law No. 19 of 2019 unconstitutional and not legally binding if not interpreted as “involve a loss to the State or public interest.”

Author            : Utami Argawati
Editor             : Lulu Anjarsari P.
PR                 : Fauzan Febriyan
Translator       : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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